March 22, 2007
Update on important upcoming oral argument -
Re: Mumia Abu-Jamal v. Martin Horn, Pennsylvania Director of Corrections
U.S. Court of Appeals Nos. 0 1-90 14,02-900 1 (death penalty).
from Robert R. Bryan,
Lead counsel for Mumia Abu-Jama
Oct 23, 2006
Reply brief, U.S. Court of Appeals (Please Circulate)
Dear Friends:
On October 23, 2006, the Fourth-Step Reply Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal was submitted to the U.S. Court of Appeals for the Third Circuit, Philadelphia.
(Abu-Jamal v. Horn, U.S. Ct. of Appeals Nos. 01-9014, 02-9001.) It is attached.
Oral argument will likely be scheduled during the coming months. I will advise when a hearing date is set.
The attached brief is of enormous consequence since it goes to the essence of our client's right to a fair trial, due process of law, and equal protection of the law, guaranteed by the Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. The issues include:
-
Whether Mr. Abu-Jamal was denied the right to due process of law and a fair trial because of the prosecutor’s “appeal-after-appeal” argument which encouraged the jury to disregard the presumption of innocence and reasonable doubt, and err on the side of guilt.
-
Whether the prosecution’s exclusion of African Americans from sitting on the jury violated Mr. Abu-Jamal’s right to due process and equal protection of the law, in contravention of Batson v. Kentucky, 476 U.S. 79 (1986).
-
Whether Mr. Abu-Jamal was denied due process and equal protection of the law during a post-conviction hearing because of the bias and racism of Judge Albert F. Sabo, who was overheard during the trial commenting that he was “going to help'em fry the n_ _ _ _ _."
That the federal court is hearing issues which concern Mr. Abu-Jamal's right to a fair trial is a great milestone in this struggle for human rights. This is the first time that any court has made a ruling in nearly a quarter of a century that could lead to a new trial and freedom. Nevertheless, our client remains on Pennsylvania's death row and in great danger.
Mr. Abu-Jamal, the "voice of the voiceless," is a powerful symbol in the international campaign against the death penalty and for political prisoners everywhere. The goal of Professor Judith L. Ritter, associate counsel, and I is to see that the many wrongs which have occurred in this case are righted, and that at the conclusion of a new trial our client is freed.
With best wishes,
Robert R. Bryan
============
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4,
San Francisco, California 94123
Lead counsel for Mumia Abu-Jamal
October 8, 2006
MUMIA ABU-JAMAL LEGAL UPDATE
Dear Friends:
Last week the U.S. Court of Appeals for the Third Circuit,
Philadelphia, granted our motion for an extension of time to file the
Reply Brief on behalf of Mumia Abu-Jamal. It is now due to be filed by
October 16, 2006.
This case is of enormous complexity and concerns issues of great
constitutional significance. Our goal is to win a new and fair trial,
and see that Mr. Abu-Jamal is freed.
Thank you for your support in this struggle for human rights.
With best wishes,
Robert R. Bryan Lead counsel for Mumia Abu-Jamal
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123
Sunday, July 23, 2006
Mumia Abu-Jamal - Brief, U.S. Court of Appeals
Dear Friends:
On July 20, 2006 we filed the Brief of Appellee and Cross Appellant, Mumia Abu-Jamal, in the U.S. Court of Appeals for the Third Circuit, Philadelphia. (Abu-Jamal v. Horn, U.S. Ct. of Appeals Nos. 01-9014, 02-9001.) It is attached.
(This is a large, 124 page, document. allow time for it to download)
This brief is of great significance concerning my client's right to a fair trial, due process of law, not to be subjected to cruel and unusual punishment, and equal protection of the law, guaranteed by the Fifth, Sixth, Eighth and Fourteenth Amendments to the U.S. Constitution.
The issues the court is hearing are:
Claim 14 Whether Mr. Abu-Jamal was denied the right to due process of law and a fair trial because of the prosecutor’s “appeal-after-appeal” argument which encouraged the jury to disregard the presumption of innocence and reasonable doubt, and err on the side of guilt.
Claim 16 Whether the prosecution’s exclusion of African Americans from sitting on the jury violated Mr. Abu-Jamal’s rights to due process and equal protection of the law, and contravened Batson v. Kentucky, 476 U.S. 79 (1986).
Claim 25 Whether the verdict form and jury instructions that resulted in the death penalty deprived Mr. Abu-Jamal of the right to due process of law, equal protection of the law, and not to be subjected to cruel and unusual punishment, and violated Mills v. Maryland, 486 U.S. 367 (1988), since the judge precluded the jurors from considering any mitigating evidence unless they all agreed on the existence of a particular circumstance.
Claim 29 Whether Mr. Abu-Jamal was denied due process and equal protection of the law during post-conviction hearings as the result of the bias and racism of Judge Albert F. Sabo which included the comment that he was “going to help'em fry the n_ _ _ _ r."
The National Lawyers Guild, and, the NAACP Legal Defense and Educational Fund, Inc., will be filing separate amicus curiae (friend of the court) briefs in the near future. This should strengthen our quest to see justice done.
It is a is a remarkable accomplishment that the court is hearing issues that go to the very essence of Mr. Abu-Jamal's right to a fair trial. This is the first time that any court has made a ruling that could lead to a new trial and freedom. Nevertheless, he remains on Pennsylvania's death row and in great danger.
Mr. Abu-Jamal, the "voice of the voiceless," is a powerful symbol in the international campaign against the death penalty and for human rights. The goal of Professor Judith L. Ritter, associate counsel, and I is to see that the many wrongs which have occurred in this case are righted and that this brave man is freed.
Your support and concern is appreciated
With best wishes,
Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123
Lead counsel for Mumia Abu-Jamal
June 29, 2006
The latest Legal Update regarding current developments in the case of Mumia Abu-Jamal. Please feel free to distribute and use this as you see fit. As you know, Mumia remains on Pennsylvania's death row and is in great danger. He is a powerful symbol, the "voice of the voiceless," in the international campaign against the death penalty & for human rights. Our goal is to see that the many wrongs that have occurred in this case are righted and that this courageous man is freed. Click for PDF
From Robert R. Bryan, Mumia Abu-Jamal's lead counsel.
Posted
Dec 20, 2004
Legal
update on the appeals process
of Mumia Abu-Jamal
December
19, 2004
Black
legislators
support Mumia’s release
June
29, 2004
Court ruling threatens Mumia Abu-Jamal's
Life
Evidence to prove his innocence still unheard
May
7, 2003
New
evidence shows that cops concocted "confession"
The
last remaining pillar of the prosecution's case used
to convict Mumia Abu-Jamal in 1982 has been knocked down.
Philadelphia
3/ 20 /03
Death
penalty moratorium
03/06/03
Mumia
still waiting for due process
10/30/02
Mumia
Legal Update
from the office of Attorney Eliot Grossman
Posted
August 27, 2002
Attorneys
for death row journalist Mumia Abu-Jamal
filed their appeal brief in the Pennsylvania Supreme Court
on Tuesday, August 27, 2002
Posted
August 7, 2002
Legal update and orientation
by International Concerned Family
&
Friends of Mumia Abu-Jamal
Posted
on June 27, 2002
PA Supreme Court rejects motion
Mumia faces
new legal challenges
Philadelphia,
5/17/02
Using D.A.'s racist training video
on how to keep African Americans
off juries Mumia's Attorneys demand deposition of Supreme Court Justice
Posted
March 12, 2002
The latest legal briefs
filed by Mumia's lawyers
(10 Parts)
Press
release from: ICFFMAJ@aol.com, February 06, 2002
New Affidavit in Mumia's case
Witness
alleges Cynthia White lied
Posted
January 25, 2001
Mumia's
Appeal of Judge Dembe's Decision
Dembe's decision was based on the Peterkin case which
has just been overturned
(Click to down load pdf file)
January
19, 2002
Third
appeal filed as Mumia tries to get court to hear evidence
January
8, 2002
FOR IMMEDIATE RELEASE
Mumia
Abu-Jamal's attorney's appeal to Pennslyvania Supreme Court;
state judge's refusal to hear confession of real killer!
Nov
21, 2000
PA State Court Judge Pamela Dembe rejected Mumia's appeal for
a new trial in state court.
Judge Dembe's decision in html.
Arnold
Beverly's confession
Video
deposition of Arnold Beverly who states that he shot Faulkner as part
of a mob hit squad and declares that Mumia did not shoot Faulkner.
Nov.
2, 2001
Judge Yohn has denied the request to suspend federal appeals again using
the Herrara case and the effective death penalty act. Judge Yohn's 19
page decision and an legal interpretation will be posted soon. www.Mumia.org
Sep.
25, 2001
Affidavit
of George Michael Newman on recantation of witness Robert Chobert
Bush
appoints Ridge, the PA governor who has signed execution warrants
against Mumia to head the new U.S. office of "Homeland Security."
For the new Legal Document:
DECLARATION OF RACHEL H. WOLKENSTEIN
go to www.Mumia.org
On
August 28, 2001, in Philadelphia,
Mumia's lawyers held a press conference
on the steps of City Hall which attracted
an
almost unprecedented number of media
—about 15.
New witness emerges
To
read the 300 page court brief that
Mumia presented to court on Aug. 17
go to www.mumia.org
posted
7/23/00
Judge Yohn rejects deposition
of Arnold Beverly,
citing the Effective Death Penalty Act
Full text
of the ruling is available in PDF format
'Court
issues alarming ruling against Mumia'—News in depth from Monica
Moorehead
Wednesday,
July 18, 2001 5:11 PM
BREAKING MUMIA NEWS
Stay
tuned for possible Mumia court date
on August 17
May
4, 2001
"I did not shoot Police Officer Daniel Faulkner."
—Affidavit from Mumia
Abu-Jamal.
Also read Affidavit of Mumia's brother William
Cook and an Affidavit by Arnold
Beverly the man who claims that he shot the policeman Daniel Faulkner
New legal team files in Federal court in
Philadelphia
Updated
April 22, 2001
Mumia is not given sufficient to
replace legal team. Court is refusing to notify Mumia
April
10, 2001
A
federal judge approved a request by Mumia Abu-Jamal to dismiss legal
team
Posted
March 26 Important
legal development
Stand
with Mumia on his first day in Federal Court
In response
to a request by Mumia's legal team, Ferderal District Court Judge Yohn
has granted permission for the defense to file a supplement brief on
the issues raised by the recent Supreme Court decisions on the Effective
Death Penalty Act (the two Williams v. Taylor cases).
On that
critical day Mumia will be in the Federal District court at 9 am on
Sixth & Market Street in Philadelphia.
We
must be with him in Philadelphia in the thousands.
The date
will be announced. Be on the alert. Keep in touch.
International Concerned Family & Friends of Mumia Abu-Jamal 215-476-8812
For
more information go to the Emergency Response Network: http://www.mumia.org/mumia.org/story1.html
The official Mumia site and home of the International Concerned
Family and Friends of Mumia Abu-Jamal, featuring action updates, and
a discussion board
September
23, 2000
Judge Yohn's denial of Amicus briefs
August
30, 2000
Sign on to Mumia's Amicus briefs
July
27, 2000
Police and government illegally carried out
mass arrests against protesters in Washington D.C. April 15-17 according
to Civil Law Suit
Class
Action Civil Law Suit to be filed
Thursday July 27, in Washington D.C.
July
18, 2000
Victims of police "Preventive Detention Action" stand trial
in Washington, DC for April 15 protest at WTO against the prison industrial
complex
